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Home My WebLink About1997-11-03 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 3, 1997 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, November 3, 1997, at 3:00 p.m. Present were Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman, City Manager Johnson, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. The Mayor asked that, during the moment of silence, everyone in attendance remember City employee Kathy Sundstrom and her son, Joe Sundstrom, who was killed in an automobile accident on Huffine Lane last week. None of the Commissioners requested that any of the Consent Items be removed for discussion. . Minutes - October 6. October 13, October 20 and October 27. 1997 It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the minutes of the meetings of October 6, October 13 and October 27, 1997, be approved as submitted and the minutes of the meeting October 20 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. Continued public hearing - Variance from Section 18.50.030.D. of the Bozeman Municipal Code - Ed McCrone. The Mill. Ltd. - to allow installation of on-site sePtic tank and drainfield on COS No. 1877 (C-9721) . This was the time and place set for the continued public hearing on a variance from Section 18.50.030.D. of the Bozeman Municipal Code, as requested by Ed McCrone of The Mill, under Application No. C-9721, to allow the installation of an on-site septic tank and drainfield on cas No. 1877. The subject property is more commonly located at the intersection of Story Mill Road and Hillside Lane and is known as 2150 Story Mill Road. Mayor Stueck reopened the continued public hearing. 11-03-97 - 2 - Distributed to the Commissioners just prior to the meeting was a letter from Mr. Ed McCrone, President of The Mill, Ltd., dated October 31, requesting that this public hearing be continued to November 17, to give him time to address the complexities which have arisen in conjunction with this application. . It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission continue the public hearing to November 17, as requested by the applicant. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. Ordinance No. 1446 - amendina various sections of the animal control ordinance Dertaining to licensina. kennel licenses. exotic animals. restraint of animals. nuisance animals and imooundment of animals Included in the Commissioners' packets as a copy of Ordinance No. 1446, as approved by the City Attorney, entitled: ORDINANCE NO. 1446 . AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTIONS 6.04.010, 6.04.020, 6.04.030, 6.04.040, 6.04.050. 6.04.060, 6.04.070, 6.04'.080, 6.04.090, 6.04.110, 6.04.120. 6.04.130, 6.04.160, AND 6.04.170, AND BY ADDING SECTIONS 6.04.180 and 6.04.210; PROVIDING FOR REVISIONS TO THE DEFINITIONS; LICENSING REQUIREMENTS; EXEMPTIONS FROM LICENSING REQUIREMENTS; ISSUANCE OF LICENSES; KENNEL LICENSE REQUIREMENTS; ANIMALS AT LARGE; DOGS IN HEAT; RABIES VACCINATION REQUIREMENTS; QUARANTINE FOR DOGS BITING PERSONS; PROHIBITING NUISANCE ANIMALS; IMPOUNDING UNLICENSED ANIMALS; PROVIDING REDEMPTION REQUIREMENTS FOR IMPOUNDED ANIMALS; AND PROVIDING ENFORCEMENT AUTHO~TY FOR ANIMAL CONTROL OFFICER; BY AMENDING AND ADDING PENAL TIES FOR VIOLATIONS OF THIS CHAPTER; AND BY ADDING PROVISIONS FOR EXOTIC ANIMALS. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission finally adopt Ordinance No. 1446, amending various sections of the animal control ordinance. The motion carried by the following Aye and No vote: those voting Aye being . Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. I Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your 11-03-97 - 3 - Information" items. (1 ) Letter from Jackie Stonnell, City-County Health Officer, dated October 15, announcing her retirement, effective October 31. (2) Letter from R. Jean Powell, 1019 South Bozeman Avenue, dated October 27, . regarding the revised animal control ordinance. (3) Letter from Mark Sullivan, 527 East Mendenhall Street, dated October 31, regarding the revised animal control ordinance. (4) Copy of a memo from City Engineer Brawner, dated October 27, providing a final summary of the 1997 street improvements program. (5) Notice from the Downtown Bozeman Association, regarding the final planning sessions with MAKERS Architecture and Urban Design, scheduled for 7:30 a.m. on November 3, 4 and 5 at the Downtown Bozeman Association office. Commissioner Frost encouraged all of the Commissioners to attend one of these sessions if possible. (6) Notice of upcoming meetings scheduled by the Gallatin Valley Land Trust, . including a brown bag lunch at noon on Wednesday, November 12, at the Emerson Cultural Center, and a chili feed and annual meeting at 6:00 p.m. on Friday, November 14, at the Lindley Park Center. (7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, November 4, in the Commission Room. (8) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, November 4, in the Commission Room. (9) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, November 4, at the Gallatin County Courthouse. (10) The City Manager stated that he and Administrative Services Director Gamradt . will begin meeting with department heads next week to review capital improvement program requests and prepare to finalize the report, which should be submitted to the Commission in late December. (11 ) City Attorney Luwe stated that Mr. Greg Kuhl submitted a pedestrian safety program to the Transportation Coordinating Committee last week. He indicated that he will 11-03-97 - 4 - forward a copy of that information to the Clerk of the Commission, for distribution to the Commission. (12) Assistant City Manager Brey stated that he attended the organization meeting of the customer advisory panel for Montana Power Company on Wednesday evening. He . forwarded his intent to participate as the City's representative on the panel, noting that he will look at the potential of aggregating with other large users in the community to purchase electricity in the new unregulated arena. (13) Mayor Stueck stated that he received a letter from Mr. Willis Vandiver, dated October 30, thanking the City's street crew for graveling and grading the alley behind his house. (14) Mayor Stueck stated that he has received affirmation from the State of Montana Department of Commerce that they have received the City's application for CDBG monies for the Bozeman Interfaith Housing II project, and forwarding a list and summary of all the applications they received prior to the deadline. . Consent Items City Manager Johnson presented to the Commission the following Consent Items. Acknowledge receiot of eetition to reconstruct southside tennis courts and construct new courts: refer to Recreation and Parks Advisorv Board for review and recommendation Acknowledge receiot of oetition for installation of traffic siqnal at intersection of West Oak Street and North 19th Avenue: refer to staff Acknowledge receiot of Detition for annexation of COS No. 1988 (689 Manley Road) under Title 7. Chaeter 2. Part 46: refer to staff Aoolication for Beer and Wine License - Hassbra. Inc.. for Cafe Internationale. 207 West Olive Street - Calendar Year 1997: contingent uoon receiot of State License Aoorove "1997 Sidewalk Reoair ProQram". as deoicted on mao attached to October 13 memo from Engineerina Assistant Andy Kerr (aenerally . bounded by South Willson Avenue. ColleQe Street. South Rouse Avenue and West Babcock Street): authorize and direct staff to oroceed with necessary steps Appoint Commissioner Rudbera and Commissioner Stiff to sub-committee to review Pledaed Securities as of Seotember 30. 1997 Aoorove cancellation of December 29 Commission meetina. due to Christmas holiday schedule 11-03-97 .. n'_.___._ - 5 - Authorize sale of 1980 Dodae mini-Dumper fire truck to Three Forks Volunteer Fire DeDartment - in the amount of $10.000 Claims It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate . persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none. Recess - 3:09 c.m. Mayor Stueck declared a recess at 3:09 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearing. Reconvene - 7:00 C.m. Mayor Stueck reconvened the meeting at 7:00 p.m., for the purpose of conducting . the scheduled public hearing. Public hearing - Commission Resolution No. 3210 - intent to create SID No. 664 . imcrovements to 640.02-foot lona Dortion of West Beall Street Ivina between its current terminus west of North 23rd Avenue and North 25th Avenue This was the time and place set for the public hearing on Commission Resolution No. 3210, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3210 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE AN EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 664 FOR STREET IMPROVEMENTS FOR THE ENGINEERING DESIGN, CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF ASPHALT CEMENT PAVING, GRAVEL BASE COURSES AND SUBGRADE PREPARATION, CURB, GUTTER AND SIDEWALKS, STORM DRAINAGE AND ALL NECESSARY APPURTENANCES TO CONSTRUCT A . 640.02-FOOT LONG PORTION OF WEST BEALL STREET LYING BETWEEN ITS CURRENT TERMINUS WEST OF NORTH 23RD A VENUE AND NORTH 25TH A VENUE. IN THE CITY OF BOZEMAN, MONTANA, AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY'S SPECIAL IMPROVEMENT DISTRICT REVOL VING FUND. Mayor Stueck opened the public hearing. 11-03-97 I - 6 - I Responding to the Mayor, the Commissioners indicated they needed no staff presentation. City Engineer Craig Brawner; consulting engineer Dave Crawford, Thomas Dean and Hoskins; and Mr. Tom Fellows, partner in the Willowbrook planned unit development, were . present to respond to Questions. No one was present to speak in support of or in opposition to the creation of the special improvement district, and no written comment was received prior to the deadline. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission authorize and direct staff to bring back a resolution creating Special Improvement District No. 664, for paving of West Beall Street between North 23rd Avenue and North 25th Avenue. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. . Adiournment - 7:02 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Youngman, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Frost, Commissioner Stiff, Commissioner Rudberg and Mayor Stueck; those voting No, none. ( ~/ /5~ DON E. STUECK, Mayor ATTEST: . {Jtol~ ROBIN L. SULLIVAN Clerk of the Commission 11-03-97